Department of Commerce v. Montana, 503 U.S. 442, 2 (1992)

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Cite as: 503 U. S. 442 (1992)

Syllabus

methods the committee felt could lead to a workable solution to the fractional remainder problem. If Congress had chosen the method of the harmonic mean, also known as the "Dean Method," Montana would have received a second seat after the 1990 census. Pp. 447-456. (b) This Court rejects the Government's argument that Congress' selection of any of the alternative apportionment methods presents a "political question" that is not subject to judicial review under the standards set forth in Baker v. Carr, 369 U. S. 186, 217. Significantly, the Government does not suggest that all congressional decisions relating to apportionment are beyond judicial review, but merely argues that the District Court erred in concluding that the Constitution requires the greatest possible equality in the size of congressional districts, as measured by absolute deviation from ideal district size. Thus, the controversy here turns on the proper interpretation of the relevant constitutional provisions. As in Baker itself and the apportionment cases that followed, the political question doctrine does not place this kind of constitutional interpretation outside the proper domain of the Judiciary. Pp. 456-459. (c) Congress had ample power to enact the statutory procedure at issue and to apply the Hill Method after the 1990 census. It is by no means clear that the facts here establish a violation of the Wesberry one-person, one-vote standard. Although Montana's evidence demonstrated that application of the Dean Method would decrease the absolute deviation from the ideal district size, it also would increase the relative difference between the ideal and the size of the districts both in Montana and in Washington, the only State that would have lost a Representative under the Dean Method. Wesberry's polestar of equal representation does not provide sufficient guidance to determine what is the better measure of inequality. Moreover, while subsequent intrastate districting cases have interpreted the Wesberry standard as imposing a burden on the States to make a good-faith effort to achieve precise mathematical equality, that goal is rendered illusory for the Nation as a whole by the constraints imposed by Article I, § 2: the guarantee of a minimum of one Representative for each State and the need to allocate a fixed number of indivisible Representatives among 50 States of varying populations. The constitutional framework that generated the need for a compromise between the interests of larger and smaller States must also delegate to Congress a measure of discretion broader than that accorded to the States, and Congress' apparently good-faith decision to adopt the Hill Method commands far more deference, particularly as it was made after decades of experience, experimentation, and debate, was supported by independent scholars, and has been accepted for a half century. Pp. 459-466. 775 F. Supp. 1358, reversed.

Stevens, J., delivered the opinion for a unanimous Court.

443

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